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Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....he petitioners also claim that Mr. AS Mahmud did not participate in the tender but an agreement was signed between the Government of Bangladesh and Mr. AS Mahmud. According to the petitioners, at the time of signing of the agreement, Ekushey Television Ltd, was not even formed but after signing of t......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....agreement on 28-8-56 and put them in possession in part performance of the agreement and ultimately, through their attorney Md. .  Yousuf executed and registered a deed of sale on 7-7-57. At the time, Hafizur Rahman alias Habu Khalifa was a tenant in a portion of the suit land. Habib Box and Na......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)

....ecord that this defendant Nos. 3-5 have affirmed an affidavit in favour of the defendant No. 2 disclaiming the suit land and the Court below kept the said affidavit on record for consideration at the time of disposal of the suit. Now the question is, whether the learned Assistant Judge has legally a......he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ..

Category: Property Law | Date: 6 Mar, 2002 | Hits: 56

Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).

.... the opinion that article 181 of the Limitation Act or section 48 of the Code of Civil Procedure would be applicable in a case where application was made for the execution of the decree for the first time. The High Court Division referred to decision reported in AIR 1964 (Assam) 64, AIR 1940 (Allaha......   The petition is therefore dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 69.  ..

Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99

Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)

.... whether the tenant has deposited the rent within 15 days of refusal of acceptance of the rent by the landlord under section 18 but the Court is not to see whether the tenant has paid the rent within time under section 19 (Ka).   Lawyers Involved: Md Nawab Ali, Advocate‑on‑Record‑Fo......iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ..

Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268

Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).

....t, Dhaka challenging the validity of an agreement and praying for a declaration that the deed of agreement and the memorandum of understanding are void and not binding upon the plaintiff. At the same time the accused petitioner filed an application under section 344 of the Code of Criminal Procedure......   All the three petitions are dismissed.    Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 62. ..

Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124

Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)

....sing the impugned judgment and order. 7. Syed Ishtiaq Ahmed, the learned Counsel for the respondents, submits that the complexity of the exercise of the guiding principles were laid in Pakistan time setting up the guiding principle for six category of cases and that the failure of National Boa...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ..

Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161

KZ Alam and others Vs. Secretary, Ministry of Housing and Public Works and others, 2002, 31 CLC (HCD)

.... No.1 in the record as owner of 310 sq. yds. of land. 8. The respondents did not enter appearance by filing any affidavit-in-opposition. However the learned Assistant Attorney-General prayed for time and since no step was taken by the respondents since 30-10-99 and since only question of law wa...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ..

Category: Property Law | Date: 12 Feb, 2002 | Hits: 28

Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)

....00 rejecting the prayer for bail of the accused appellant. 2. The prosecution case, in brief, is that the marriage of Mossamat Sabina Bibi with the accused appellant was solemnised for the first time on 26‑5-­1996 according to Muslim Shariat Law. But after 3 weeks of the marriage parents of ...... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89...

Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79

Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)

.... accused Maruf Khan passed orders for finishing informant party men. Accused Rahmat gave a lathi blow on the neck of Asaruddin, as a result of which he fell down on the ground. He stated that at that time accused Hazrat Ali Khan slaughtered victim Asaruddin by a paddy cutting scythe. He stated that ......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ..

Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29

State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)

....mned prisoner Abdus Samad came back to his house at village Maijhati from the house of his father-in-law with his wife, children and the wife of his brother-in-law in the afternoon. Thereafter at the time of Magrib on the same date the condemned prisoner entered the south bhiti hut of his father at ......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ..

Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115

Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).

....and the plaintiff will be at liberty to withdraw the same and in default the petitioners will get more three months to deposit the said amount with interest as per rate of Sonali Bank at the relevant time and in default the decree passed by the Courts below shall stand.   ...... referred to us is as follows:     "A judgment which has been orally dictated in open Court can be completely changed before it is signed and scaled provided notice is given to all parties concerned and they are heard before the change is mad..

Category: Property Law | Date: 26 Jan, 2002 | Hits: 100

Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)

....ous imprisonment. 2. The convicts' appeal having been dismissed they preferred aforementioned Criminal Revision before the High Court Division and obtained the Rule. The High Court Division at the time of issuance of Rule enlarged the convicts, who were sentenced to imprisonment, on bail for 6 mo......onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 131.  ..

Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123

Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)

.... the people wants to see Policemen as their friends. It is unfor­tunate that Political interference fades out impartiality of the Law Enforcing Agencies and growing Political interference has sometimes turned the Police into agents of the party in power. Violence of some individuals cannot be co......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ..

Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7

KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).

....209;11‑1975. Thereafter on completion of investigation police submitted charge sheet against this appellant along with others who are now facing trial in the aforesaid Sessions Case and by this time 7 witnesses have been examined. The appellant moved the High Court Division in the aforesaid Mi......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..

Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83

Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).

....ner became a penal lawyer of respondent No. 1 and was not in a position to conduct the hearing of the case on behalf of the petitioner, and that petitioner had to engage another lawyer who prayed for time for preparation of the case but the learned Subordinate Judge most illegally dismissed the case......ity in the impugned order.   The petition is accordingly dismissed.   Ed. Same Case Cited in:  55 DLR (AD) (2003) 61.  ..

Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101

Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)

....ng the period. The amount was far greater than the decretal debt. Yet the Bank was not returning the trucks. Rather, the Bank was trying to sell the trucks and the landed properties mortgaged. At the time, the price of Truck—Mymensingh Na-239 of British Bedford chassis would be Taka ten lac wh......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ..

Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....tence passed by the learned Special Tribunal, Nari-O-Shishu Nirjatan Daman Bishesh Adalat, is not sustainable in law since the Tribunal itself found that petitioner No. 2 is 14-15 years of age at the time of occurrence and under “The Children Act, 1974”, trial of children is exclusively within t......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

....of the cases he was convicted for moral turpitude and, as such, it does not attract the provision of disqualification under the Constitution and the writ petition has been filed after a long lapse of time of eight/nine years only to serve the political purpose of his rival who was acting from behind......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).

....livered to the importer (accused-respondent No. 2) on the request as well as on the promise of the guarantor (accused Respondent No.1) that the guarantor would replace the entire stock within a short time. It was alleged in the FIR that the accused persons thus committed offences under section 406/4......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ..

Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95